When it comes to selling a house or land in Texas, there are many different ways to approach the process. One unique and less-known option is to use affidavits of heirship instead of going through the lengthy and costly probate process. While this is not an option for everyone, it can be helpful for individuals and families who find themselves in certain circumstances and want to liquidate their real estate as quickly as possible.
Using an affidavit of heirship to sell a house or land in Texas essentially allows you to bypass the probate process and transfer the deed directly to the new owner or buyer. This can be beneficial if the deceased died without a will or if more than 4 years has passed since their death. The affidavit itself is a legal document that states the deceased individual’s identity and date of death and also outlines the relationship of all living heirs of the estate. Once this paperwork is filed with the county clerk, the property can be sold without the lengthy and costly probate process.
The process of obtaining an affidavit of heirship is usually easier than going through regular probate, as it is not necessary to wait for a court hearing to resolve any disputed claims. The only caveat with this unique legal process is that it is not applicable to all situations, and only certain circumstances are eligible to use it. For instance, a probate case is required if there was a valid will in place and the deceased family member died within the last 4 years. Furthermore, if the deceased has outstanding taxes or other claims against the estate, they must be settled before the affidavit is finalized.
Ultimately, an affidavit of heirship is an effective alternative to probate if you’re looking to sell a house in Texas quickly and cost-effectively. It also may be an attractive option for those who only have a few heirs, or in cases where the deceased has few or no assets.
Freiheit Home Buyers is extremely familiar with the affidavit of heirship process in Texas and has purchased numerous properties from families where this route was a better option than probate. We are well versed at working with families, real estate attorneys and title companies to ensure that the entire process is handled correctly and efficiently.
If you have inherited property with complex title issues and you’re looking to sell it quickly, reach out to us today at 830-500-5531!
The information presented in this article is for educational purposes only and should not be considered legal, financial, or any other type of advice.